Water escaped into nearby disused mineshafts, and in turn flooded the plaintiffs mine. Papakura itself constructed and operated the necessary works to supply water in its district (and for a time to neighbouring districts) from 1922 until 1989. Held, not liable because they acted responsibly and took reasonable steps. The Judicial Committee of the Privy Council, Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the appeal. Cir. [9] It was held that the use of the water supply was so specific. Match. Mr Casey's third challenge is to the Court of Appeal's conclusion that there was no evidence of the Hamiltons reliance on the skill and judgment of Papakura. While the water comes by way of a single bulk supply, many of Papakura's customers, by contrast, do have special needs, including dairy factories and food processing facilities. Held, council NOT liable. Hamilton v. Papakura District Council (2002), 295 N.R. We Can Count On Philip Hamilton To Stand with Us Every Step of the Way. Conditions and warranties - Implied or statutory terms as to quality or fitness - Fitness or suitability of goods - The Hamiltons sued the Papakura District Council (the town) for breach of contract, claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply - The Hamiltons based their claim against the town on s. 16(a) of the Sale of Goods Act (i.e., the Hamiltons alleged that the town breached an implied term in its contract for the supply of water suitable for horticultural use) - The Judicial Committee of the Privy Council affirmed the dismissal of the Hamiltons' claim, where the Hamiltons failed to show that the town knew that the Hamiltons were relying on the town's skill and judgment in ensuring that the bulk water supply would be reasonably fit for the particular purpose - See paragraphs 9 to 26. bella_hiroki. 60. It appears to us that, just as in Bullock, a court could draw the inference that some degree of reliance must have arisen out of this relationship when, as a matter of fact, the Hamiltons had for some years been able to rely on Papakura not to supply water that was harmful to their crops. [para. There is considerable force in Mr Casey's submission that it cannot be the case that to get the protection afforded by s16 each and every customer, such as the Hamiltons, is obliged individually and specifically to communicate to the seller that it was using the water for glasshouse horticulture (see eg Lord Pearce in Kendall and Sons v Lillico and Sons Ltd [1969] 2 AC 31, 115 E-F). The court must, however, consider all the relevant evidence. Bullock concerned a claim under section 16(a) by Matthews Nurseries, a long-established firm of rose growers in Wanganui, who had for 35 years bought sawdust for use in their nursery from Bullocks sawmill. Subscribers can access the reported version of this case. 43. 19, 55]. If a footnote is at the end of a sentence, the footnote number follows the full stop. vLex Canada is offered in partnership with: Liability of municipalities - Negligence - Re water supply - [See, Negligence - Duty of care - General principles - Scope of duty - [See, Negligence - Duty of care - Duty to warn - [See, Nuisance - General principles and definitions - Actionable nuisance - What constitutes - [See, Nuisance - Water pollution - General - [See, Request a trial to view additional results, Phillip v. Whitecourt General Hospital et al., (2004) 359 A.R. Liability of municipalities - Negligence - Re water supply - [See 31]. Where a company or other organisation take such steps, it may be more readily inferred that they are not in fact relying on the skill and judgment of the local water authority to supply water of the desired quality. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. It had never been suggested to them that there might be a problem with the water supply. That reading occurred in December 1994, near in time to the spraying in this case. It is sharply different from a standard case where, in negotiation with the seller, the buyer can choose one among a range of different products which the seller may be able to adjust to match the buyer's purpose. In May 1992 Bullocks supplied a large quantity of sawdust but, when it was used on a particular bed, it damaged the roots of the roses. In their appeal to the Court of Appeal, the Hamiltons challenged the Judge's findings on both the facts and the law. It is a relatively small cost on a multi- In this context, Papakura also called attention to one of its water sources which had been closed in June 1995, a bore source in Drury. He used the parallel of sales to a completely anonymous buyer by way of a vending machine. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. To avail the Hamiltons [the Court continued] any implied term would need to be that the water supplied was suitable for their particular horticultural use . Floor made slippery due to flood. Held, not liable for failing to shut down factory, causing employee's injury. 63]. What is meant by the claim that memory is reconstructive? Marriage is sacred. Rylands v Fletcher If D brings onto their land something which is "not naturally there" and it escapes and causes damage, D is liable for all The first challenge is to the Court's statement at the outset of its discussion of this cause of action that cherry tomatoes grown hydroponically in glasshouses (the situation here) are significantly more sensitive than other varieties and those grown outside or in soil. It buys the water in bulk from Watercare and it onsells that water to ratepayers and residents on the basis of a standard charge. It is for these reasons that their Lordships will humbly advise Her Majesty that the appeal should be dismissed. It denied that it owed the Hamiltons any greater duty than it owed to any other customer for water of Papakura and denied, in addition, that it owed to the plaintiffs or to any other person a duty to ensure that the water which it supplied to Papakura was suitable for a particular horticultural application. The only possibly relevant term of the contract with users to which their Lordships were referred was the statement in the standard water supply bylaw that the water be potable and wholesome . CREATING SAFER COMMUNITIES FOR ALL VIRGINIANS. 67. The claims in nuisance, of having allowed the escape of materials brought onto their land, failed because there was no forseeability of this damage. The decision of the court was delivered on February 28, 2002, including the following opinions: Sir Kenneth Keith (Lord Nicholls of Birkenhead and Sir Andrew Leggatt, concurring) - See paragraphs 1 to 51; Lord Hutton and Lord Rodger of Earlsferry, dissenting - See paragraphs 52 to 70. A lawyer may be liable for breach of duty if you can prove that they did not act as a reasonable barrister would have (concerned the acceptance of a settlement). 36. The water from that bore had been historically high in the element boron which is generally safe for human consumption at the level present but completely unsuitable for horticulture. We do not make allowances for learner drivers. Held not to be negligence on the facts, no evidence of harm being caused by the treatment in orthodox research. * Enter a valid Journal (must The Hamiltons sued the Papakura District Council (the town) in contract and negligence, claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply. Indeed to this day Papakura maintains in its defence to this action that the water was entirely suitable for that purpose. 15 year old school girls mighting with plastic rulers - they broke and plastic went into plaintiffs eye. Hamilton v Papakura District Council (New Zealand) UKPC 9 is a cited case in New Zealand regarding liabililty under tort for negligence under Rylands v Fletcher. It does not own or control any reservoirs and has the water in its reticulation system only for a matter of hours. The Court of Appeal did not address the issue formulated in that way and did not examine the evidence from that point of view. How convincing is this evidence? Watercare in its statement of defence responded that the bulk water which it supplied to Papakura was potable and complied with the 1995 Standards. The water authority had put in the water supply herbicides which damaged the crops they sought to grow, and which were watered from the supply. Property Value; dbo:abstract Hamilton v Papakura District Council (New Zealand) [2002] UKPC 9 is a cited case in New Zealand regarding liability under tort for negligence under Rylands v Fletcher. Denying this sacred rite to any person is totally unacceptable. Tel: 0795 457 9992, or email david@swarb.co.uk, Adelekun v Revenue and Customs (VAT): UTTC 7 Aug 2020, Uttley, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2004, Christopher Hill Ltd v Ashington Piggeries Ltd, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. The flower growers in the area had been aware of this and had avoided town water supply for that reason. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. Compliance by Watercare and Papakura with those well based and long established standards and procedures reinforces the conclusion which their Lordships have already reached that to place upon the water authority and supplier the proposed much higher duties of indeterminate extent would go far beyond what is just and reasonable in the circumstances. It is true, of course, as the majority point out, that Papakura sold only water and only water coming from one particular source. We draw particular attention to Viscount Dilhorne's observation ([1972] AC 441, 487A): 58. That assurance covers not only defects which the seller ought to have detected but also defects that are latent, in the sense that even the utmost skill and judgment on the part of the seller would not have detected them. Standard of reasonable adult is usually applied to 15-16 year olds. In case of any confusion, feel free to reach out to us.Leave your message here. 6 In the footnotes: If a footnote is at the end of a sentence, the footnote number follows the full stop. The facts do not raise any wider issue of policy about s16. It concluded its discussion of this head of claim as follows: 15. By contrast the supplier in this case, Papakura, is in the business of selling one and the same product, from one single source of supply, to each and every one of its purchasers. While that conclusion supported the Hamiltons claim, the next, critical sentence and two supporting paragraphs did not: 13. Assessing the evidence and deciding the necessary matters of fact is for the Court of Appeal and not for their Lordships. 24. Cited Rylands v Fletcher HL 1868 The defendant had constructed a reservoir to supply water to his mill. 42. Judicial Committee of the Privy Council, 2002. Cambridge Water Company v Eastern Counties Leather Plc. Hamilton (appellants) v. Papakura District Council and Watercare Services Ltd. (respondents) ( [2002] UKPC 9) Indexed As: Hamilton v. Papakura District Council et al. Waikato District Council has started a $4 million upgrade at Huntly train station this week, which will see . The water company had done this. 49. Cambridge Water v Eastern Counties Leather [1994] 2 AC 264; Hamilton v Papakura District Council [2000] 1 NZLR 265 (CA) and [2002] UKPC (28 February 2002) (PC). It is not required by the Ministry to test for the presence of hormone herbicides and it takes seven to ten days to get test results back from those standard tests it does carry out. The courts are plainly addressing the question of foreseeability. 41. VLEX uses login cookies to provide you with a better browsing experience. Therefore, if the condition applies, the Hamiltons are entitled to succeed even though Papakura was in no sense at fault. In the present case the Court of Appeal, while having regard to the established pattern of trading between the parties, do not appear to have considered what inferences could be drawn from it. In terms of those results, the concentration for triclopyr was at least 10 parts per billion (ppb). Cas. 64]. 49]. Held breach of duty. We agree with the advice of the majority set out in the opinion of Sir Kenneth Keith so far as it concerns the Hamiltons claims based on negligence, nuisance and Rylands v Fletcher (1868) LR 3 HL 330. Ltd. (1994), 179 C.L.R. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. c. What evidence suggest that short-term memory is limited to a few items? Escapes 19. Williams J in the High Court dismissed the Hamiltons claims and the Court of Appeal (Gault, McGechan and Paterson JJ) dismissed their appeal (Hamilton v Papakura District Council [2000] 1 NZLR 265). Subscribers are able to see the revised versions of legislation with amendments. Professionals have a duty to take care, not a duty to always be right. The law of negligence was never intended to impose such costs and impracticability. Held he was NOT negligent because he was unaware of the disabling event. The Court of Appeal held, however, that Ashington Piggeries could be distinguished because, in that case the particular purpose as a food for mink was communicated and the expertise of the compounders was to be relied upon not to provide a compound toxic to mink. ]. Those Standards, which replaced the 1984 Standards, were developed by the Ministry of Health with the assistance of an expert committee; extensive use was made of the World Health Organisation's Guidelines for Drinking Water Quality 1993. Under section 16(a) the relevant condition is implied only where certain preconditions are met. 4. any conflicting responsibilities of the defendant Watercare's contractors had sprayed gorse with Grazon in part of the catchment area for the lake from which the town water supply was taken. 6 Hamilton v Papakura District Council (1997) 11 PRNZ 333 (HC) at 339; Arklow Investments Ltd v MacLean HC Auckland CP49/97, 19 May 2000 at [18] and [23]; and Chisholm v Auckland City Council (2000) 14 PRNZ 302 (HC) at [33]. Breach of duty. Held: Dismissing the companys appeal, the water supplier had a general duty to supply water to accepted standards. STOPPING GOVERNMENT OVERREACH. Facts: standard of a reasonable driver was applied to a 15 year old. 50. Hamilton V Papakura District Council [1999] NZCA 210; [2000] 1 NZLR 265 (29 September 1999). Had such possible reliance been brought to Papakura's attention, it would undoubtedly have said, as it did to the rose grower and to other users in Drury, that it could not give that undertaking. ]. The plants were particularly sensitive to such chemicals. The New Zealand Milk Corporation is Papakura's largest water customer and has its own laboratory which tests the town supply water received. Hamilton v. Papakura District Council (2002), 295 N.R. 330, refd to. Held not liable, because risk so small and improbable. Held that he would not be liable if he had no control while driving, but he would be if he retained some control. The appellants contend that in these passages the courts confused foreseeability with knowledge. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Nuisance - Water pollution - General - [See Held that the solicitor was negligent, because the whole practise was negligent. Papakura's monitoring procedures have already been briefly mentioned (para 22). Medway Oil and Storage Co. v. Silica Gel Corp. (1928), 33 Com. Judicial Committee. New Zealand. That makes no commercial sense. In the end, this case is a narrow one to be determined on its own facts. VERY rare occurrence. The mere happening of the event is proof of negligence. The Court of Appeal record no evidence, however, that growers in the district and in particular the Hamiltons had any treatment or monitoring procedures. 30. Hamilton and M.P. The House of Lords held that this use was a particular purpose in terms of section 14(1). 1. foreseeable risk of injury to plaintiff or class of persons including plaintiff Identify the climate region and approximate latitude and longitude of Atlanta. First, the buyer must expressly or by implication make known to the seller the particular purpose for which the goods are required . The water would not have been supplied on the basis of such a particular term. According to the statement of claim, Watercare had duties: 29. Supplying water for the purpose of covered crop cultivation is supplying it for a particular purpose in terms of section 16(a) of the 1908 Act. However, as the Court of Appeal remarked in Bullock, when rejecting a similar argument on behalf of the sawmill. [para. The manager accepted that, if he became aware of users who believed the water was pure enough for their needs and had reason to believe that might not be so, he would feel obliged to advise them of the risk. The reason turned out to be that the sawdust contained excessive quantities of ferric tannate. As Lord Sumner pointed out in Manchester Liners Ltd v Rea Ltd [1922] 2 AC 74, 90 the words of section 16(a) are 'so as to show not and shows . Tort 3 :Negligence: duty of care and breach o, Torts - Negligence (Prima Facie Case), Duty o, Fundamentals of Financial Management, Concise Edition, Calculus for Business, Economics, Life Sciences and Social Sciences, Karl E. Byleen, Michael R. Ziegler, Michae Ziegler, Raymond A. Barnett, Anderson's Business Law and the Legal Environment, Comprehensive Volume, David Twomey, Marianne Jennings, Stephanie Greene. Vote Philip Hamilton for the House of Delegates District 57. How is a sensory register different from short-term memory? The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. 39]. 1. Enhance your digital presence and reach by creating a Casemine profile. 324, refd to. As will appear, the critical matter for their Lordships is the need for the Hamiltons to show their reliance on Papakura's skill and judgment and especially Papakura's knowledge of that reliance. The consequence was the damage to the tomatoes. There is no reason in principle certainly counsel could not suggest one for distinguishing between horticultural use and other uses which might involve special needs, especially when they are known to the supplier, as was the case here for instance in respect of milk processing, food processing and renal dialysis. Contains public sector information licensed under the Open Government Licence v3.0. 116, refd to. 3 H.L. So no question of reliance ever arose. Sporting context - Must take reasonable care in playing the game, but must take into account the circumstances of the moment. Before confirming, please ensure that you have thoroughly read and verified the judgment. Ship bunkering oil out of Sydney Harbour, pipe came loose and polluted the harbour. First, the evidence establishes that, even if it had exercised its skill and judgment, Papakura would not have identified that the water was liable to damage the Hamiltons plants. Rebuilding After the COVID-19 PANDEMIC. The mere fact that certain herbicides may kill or damage certain plants at certain concentrations does not itself establish such a risk. Cambridge Water Co. v. Eastern Counties Leather Plc, [1994] 2 A.C. 264; 162 N.R. Held, negligence. Because of their very different approach to the evidence we are unable to accept their conclusion that the Hamiltons would necessarily fail to establish the first precondition. But, as we have noted, there appears to be no evidence that the Hamiltons or other growers had a system for filtering or treating the water supplied to them. Rylands v. Fletcher (1868), L.R. Council supplied water to minimum statutory standards. Torts - Topic 60 He summarised the approach to be applied in this way ([1969] 2 AC 31, 115E). Again, it appears to us that the Court of Appeal did not approach the question in this way. Autex Industries Ltd v Auckland City Council. The area of dispute can be further narrowed. In the present case, by contrast, there was in their view no evidence of any similar communication by the buyer to the seller of the particular purpose for which water was required nor of any reliance on the skill or judgment of the seller. The question of negligence is for the COURTS to decide, NOT for the profession in question. Hamilton v Papakura District Council . Hamilton and (2) M.P. In particular they held ([2000] 1 NZLR 265, 277, paras 50 and 51): 61. 45. Before their Lordships, Mr Casey did not any longer contest the requirement that foreseeability was a necessary element of this head of claim. Rather, the common law requirement is that the damage be a foreseeable consequence. Manchester Liners Ltd. v. Rea Ltd., [1922] 2 A.C. 74, refd to. It was a bulk supplier. Papakura agreed to supply the water and for some years supplied the Hamiltons with water obtained from Watercare. The Hamiltons would have known this. ), refd to. Citation. Subscribers are able to see a list of all the cited cases and legislation of a document. You also get a useful overview of how the case was received. Hamilton v Papakura District Council (2002) Hamilton claimed that their cherry tomato crops were damaged in 1995 by hormone herbicides which were present in their town water supply. With respect to the negligence claim against the town and Watercare, the Hamiltons argued that the town and Watercare had a duty of care to supply water that was fit for the purpose for which it was to be used, to monitor the quality of water to determine that it was fit for those purposes and to warn if the water supplied was not fit for those purposes. Nevertheless, where section 16(a) applies, the buyer gets an assurance that the goods will be reasonably fit for his purpose. Similarly, in this case the Hamiltons asked for water, impliedly, for closed crop cultivation. [paras. 5. The Hamiltons appealed. As indicated there, s16(a) (s14(1) of the UK Act) imposes strict liability on the seller if its conditions are satisfied. The Honourable Justice Chambers states; "The moment one states that as a proposition, one realises that it is absurd to continue talking about . Thus , the defendant was not held liable for the damage . 2. Moreover, even if they had, this would not be a conclusive basis for rejecting the Hamiltons claim since, under section 16(a), the reliance on the seller's skill and judgment need not be total or exclusive. Licence v3.0 that short-term memory is reconstructive Huntly train station this week, which will.. 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